Safety Law News for December 15, 2023

— In Alabama, the Supreme Court of Alabama denied immunity to a teacher who was accused by a student of assault and battery.  In refusing to dismiss the student’s liability lawsuit, the court held that the teacher, “used a form of corporal punishment when she held (a student’s) arms behind his back, told (another student) to hit (him) …in the face.”  The court ruled that the Alabama immunity law provides that:

“So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, such teacher shall be immune from civil or criminal liability.”

Previous court decisions gave a broad scope to this law, holding that punishments of students other than paddling as “corporal punishment,” e.g., hitting a student on the back with her hand, a coach’s hitting his players with his fists, and using corporal punishment on a student for making a bad grade.  All were considered violations of Alabama corporal punishment law.  The court also denied “schoolmaster’s immunity” because “although (a) schoolmaster is regarded as standing in loco parentis and has the authority to administer moderate correction to pupils under his care…(a teacher is) guilty of an assault and battery, (when they) inflict on the child immoderate chastisement…with legal malice or wicked motives.”  Finally, the court held that the teacher was not entitled to State-agent immunity because she “acted beyond her authority.” Ex Parte Smith (In Re: Latisha Bolden, as mother and next friend of T.B., a minor v. Arnetta Moore et al.)

— In Pennsylvania, the state Senate approved a bill requiring public school districts to have at least one full-time armed security officer on duty during school hours to enhance protection of students and staff. The proposed policy “would apply to intermediate units, career and technical schools, charter schools and private residential rehabilitation institutions as well.” It would “leave it up to the school’s discretion whether an officer would be at extra-curricular activities.” It also allows school entities to apply to the Pennsylvania Commission on Crime and Delinquency for a waiver from the mandate if they are unable to fill the position after making a good faith effort.

— In Missouri, schoolteachers and administrators would be allowed to carry concealed firearms or self-defense spray devices under proposed legislation. They would be called “school protection officers.” Some local superintendents have expressed concerns about the bill: “Teachers and school leaders already have a huge responsibility to educate students…It is more appropriate for law enforcement and school resource officers to handle security matters.”

— In Colorado, the Denver School Board, comprised of new members in-part, are implementing policies to improve school safety by enhancing coordination between deans, administrators and police.  Under the policy, “school leaders, such as principals and deans, (will) undergo the same 40-hour training SROs receive.”  The Superintendent will have “the authority to remove an SRO for not adhering to district policy and the discipline matrix.”